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IgnoranceIsBliss

05/28/20 9:43 PM

#276846 RE: Bouf #276844

You keep saying that... "which expert to believe", but she doesn't appear to disbelieve either witness, Bouf. She appears to be taking what she hears from both witnesses at face value. It simply isn't a credibility issue.

It's her interpretation of what she is hearing. That, too, gets deference under the clearly erroneous standard, but the Appellate Court can't just say "It's a credibility issue and we defer to Judge Du". It isn't a credibility issue. Read the brief. It's an interpretation issue.

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sstyles

05/28/20 9:44 PM

#276847 RE: Bouf #276844

It's always a risk and that is what hangs in balance here: which judges will preside over the case. The judges control everything here and that is the risk that JT and team have to game plan for and try to contend with. This is what trials / litigation entail. Uncertainty looms. We get the right judges we are golden. We get the wrong judges...we are not. Singer did a great job but judges still control our fate.

How are JT, Singer and team prepping for this. Will be interesting to see. It is the ultimate question that won't be resolved until the day of oral argument. Singer knows this. Question is are JT, team, and the Board comfortable with such risk....the valuation of the company is hanging on this.